Hoagie War in City of Brotherly Love

PHILADELPHIA (CN) – The cheese steak war has spread into a hoagie war. Philadelphia has seen repeated lawsuits in which competing restaurants make claims for their cheese steaks. Now Greenman’s Delicatessen, which has operated under that name for 58 years, using the slogan “Home of the Real Hoagie” for 25 of them, has sued Michael and Nathan Kauffman, who opened another “Greenman’s Delicatessen” and are using the slogan, “Home of the Original Hoagie.” Where will it all end?

David Greenman says he sold the Kauffmans rights to use the Greenman Deli name in 2005. The Kauffmans apparently closed that store and reopened under the same name about two blocks away in 2008. Also that year, the Kauffmans “opened or prepared to open” another Greenman’s Deli in Hatboro, Pa., using the slogan “Home of the Original Hoagie,” and “advertising that they have been serving ‘Great Food since 1938,’ a transparent reference to the origin and history of Greenman’s Delicatessen, an origin with which they have no connection or claim whatsoever,” according to the complaint. The Kauffmans also registered a corporation in 2008 under the name Greenman’s Delicatessen Inc. Greenman seeks an injunction and damages for trademark violations, false description, unfair competition, breach of contract and injury to business reputation. He is represented in Federal Court by Mitchell Paul.